The opinion of the court was delivered by: Bua, District Judge.
Before the Court is defendant Stanley's motion to transfer the
instant case pursuant to 28 U.S.C. § 1404(a). Stanley has moved
for transfer from the United States District Court for the
Northern District of Illinois, Eastern Division to the United
States District Court for the Eastern District of Louisiana.
Stanley argues that this transfer is proper because it would
provide a more convenient forum for the defendant and his
witnesses, and would better serve the interests of justice.
This suit was brought by Continental individually and as loan
agent for thirteen other banks against John R. Stanley to
recover on Stanley's personal guaranty in connection with loans
made by Continental and the other banks to four companies
controlled by Stanley.
Stanley, in his answer, interposes as affirmative defenses lack
of consideration for the guaranty, duress in securing the
guaranty, misconduct of the banks in their performance under
the loan agreement, and failure of the banks to mitigate
damages. Additionally, Stanley has filed eight counterclaims
alleging violations by the banks of the Sherman Act, 15 U.S.C. § 1,
the Bank Holding Company Acts Amendments of 1970,
12 U.S.C. § 1972(1), and various state laws.
Defendant bases his motion on 28 U.S.C. § 1404(a) which
For the convenience of the parties and witnesses, in the
interest of justice, a district court may transfer any civil
action to any other district or division where it might have
In support of his motion defendant Stanley claims that venue is
proper in the Eastern District of Louisiana under
28 U.S.C. § 1391(a).*fn1 In his motion, Stanley claims that he resides
in Louisiana and that the claim arose in Louisiana, meeting two
of the possible three bases for venue.
Having met the prerequisite that the transferee forum be a
district where the case "might have been brought," Stanley
further claims that the convenience of the parties and
witnesses, and the interests of justice dictate the transfer.
The factors that this Court should weigh in resolving the
transfer issue include the private interests of the litigant,
relative ease of access to sources of proof, availability of
service of process on witnesses, cost of attendance of willing
witnesses, and other practical factors to make the trial easy,
expeditious and inexpensive. Gulf Oil Corp. v. Gilbert,
330 U.S. 501, 508, 67 S.Ct. 839, 843, 91 L.Ed. 1055.
The defendant claims that not only does he reside in Louisiana,
but all or almost all of the witnesses he intends to call, and
all his documentation necessary to defend this suit are in
Louisiana. In effect, Stanley claims that the burden on him
should he be required to try ...